Method Determining the Contents of the Contract
The contents of the contract are primarily determined by what the real mutually agreed upon by the parties. By interpreting some certain statements, in this case to determine its meaning, to be clear based on what the parties committed themselves. Why is the interpretation required? In facts, on the...
Main Authors: | , , |
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Format: | Article |
Language: | English |
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Hasanuddin University
2017-03-01
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Series: | Hasanuddin Law Review |
Subjects: | |
Online Access: | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/947 |
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author | Agus Yudha Hernoko Ghansham Anand Fiska Silvia Raden Roro |
author_facet | Agus Yudha Hernoko Ghansham Anand Fiska Silvia Raden Roro |
author_sort | Agus Yudha Hernoko |
collection | DOAJ |
description | The contents of the contract are primarily determined by what the real mutually agreed upon by the parties. By interpreting some certain statements, in this case to determine its meaning, to be clear based on what the parties committed themselves. Why is the interpretation required? In facts, on the many cases provided a valuable lesson, how many commercial disputes arise when the performance of the contract. The dispute begins when the parties have a different understanding of the statement that they use in the contract. Indeed, businesses are very familiar with the business processes that they do, but at the time of the business process are set forth in the contract language and designed by those who do not understand the legal aspects of the contract, the contract can be ascertained open possibility for disputes. The power of contract binding (the contents of the agreement) toward to the characteristic and the wide spectrum of the rights and obligations contractually, basically a contract represents the power of performance among others in order implementing the rights and obligations of the parties. As an instrument to understand the contract, the method of determining the content of the contract (e.g., through interpretation, autonomous and heteronomous factors), further can be used to assess the reciprocation of rights and obligations in a meaningful and proportional contractual relationship. |
first_indexed | 2024-12-12T14:35:20Z |
format | Article |
id | doaj.art-6863f256a5114346b3ec9c453cc8189e |
institution | Directory Open Access Journal |
issn | 2442-9880 2442-9899 |
language | English |
last_indexed | 2024-12-12T14:35:20Z |
publishDate | 2017-03-01 |
publisher | Hasanuddin University |
record_format | Article |
series | Hasanuddin Law Review |
spelling | doaj.art-6863f256a5114346b3ec9c453cc8189e2022-12-22T00:21:24ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992017-03-01319110310.20956/halrev.v3i1.947221Method Determining the Contents of the ContractAgus Yudha Hernoko0Ghansham Anand1Fiska Silvia Raden Roro2Faculty of Law, Airlangga UniversityFaculty of Law, Airlangga UniversityFaculty of Law, Airlangga UniversityThe contents of the contract are primarily determined by what the real mutually agreed upon by the parties. By interpreting some certain statements, in this case to determine its meaning, to be clear based on what the parties committed themselves. Why is the interpretation required? In facts, on the many cases provided a valuable lesson, how many commercial disputes arise when the performance of the contract. The dispute begins when the parties have a different understanding of the statement that they use in the contract. Indeed, businesses are very familiar with the business processes that they do, but at the time of the business process are set forth in the contract language and designed by those who do not understand the legal aspects of the contract, the contract can be ascertained open possibility for disputes. The power of contract binding (the contents of the agreement) toward to the characteristic and the wide spectrum of the rights and obligations contractually, basically a contract represents the power of performance among others in order implementing the rights and obligations of the parties. As an instrument to understand the contract, the method of determining the content of the contract (e.g., through interpretation, autonomous and heteronomous factors), further can be used to assess the reciprocation of rights and obligations in a meaningful and proportional contractual relationship.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/947ContractDetermining ContentInterpretation |
spellingShingle | Agus Yudha Hernoko Ghansham Anand Fiska Silvia Raden Roro Method Determining the Contents of the Contract Hasanuddin Law Review Contract Determining Content Interpretation |
title | Method Determining the Contents of the Contract |
title_full | Method Determining the Contents of the Contract |
title_fullStr | Method Determining the Contents of the Contract |
title_full_unstemmed | Method Determining the Contents of the Contract |
title_short | Method Determining the Contents of the Contract |
title_sort | method determining the contents of the contract |
topic | Contract Determining Content Interpretation |
url | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/947 |
work_keys_str_mv | AT agusyudhahernoko methoddeterminingthecontentsofthecontract AT ghanshamanand methoddeterminingthecontentsofthecontract AT fiskasilviaradenroro methoddeterminingthecontentsofthecontract |